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Case 1:09-cv-03780-RMB

Document 24

UNlTED STATES DISTRICT COURT SOUTHERN DISTRIC'L' OF NEW YORK

THETOPPSCOMPANY,INC.

-against-

Plaintiff,

THE UPPER DECK COMPANY,INC.,

Defendant.

Filed 06/18/2009

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ECF case

STIPULATION AND ORDEQ

m

PIaintiff, The Topps Company, Inc. ("Topps"), and defendant,The Upper Deck

Company, Inc. ("Upper Deck"), by their counsel, stipulate as follows:

1. Under the Federal Rule of Civil Procedure 65(a)(2),

the parties hereby agree to

Lhc consolidation of Topps's pending motion for injunctive 1eIief (the "Motion") with a trial on

the merits on a date to be determined by the Court in due coulse.

2,

During the pendency of this action, Upper Deck,and all of its parents,

subsidiaries, affiliated companies, agents, servants, employees, officers and attorneys: (I) will

refrain from manufacturing, reproducing, distributing, adapting, displaying, advertising,

promoting, offering for sale, or selling trading cards bearing designs that are substantially similar

to Topps's 1971 and 1977 Baseball series; and (2) except for the sale by no later than July 16,

2009 of the existing inventory identified in the Declarations of Jason Masherall, dated May I,

2009, and Josh Zusman, dated June I 1,2009, Upper Deck will refiain from further

mai~ufacturing,reproducing, distributillg, adapting, displaying, advertising promoting, offering

for sale, or selling trading cards bearing designs that ru.esubstantially similar to Topps's 1975

Baseball and 1979-1980Topps Hockey series (collectively, the "Topps Cards," samples of

which appear below), whether in print, online, or ally other inadia now known or in the future,

Case 1:09-cv-03780-RMB

Document 24

Filed 06/18/2009

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including but not limited to Upper Deck's 2009 0-Pee-Chee Baseball, 2009 Upper Deck Series 1

Baseball, 2009 Upper DeckSeries 2 Baseball, 2008-2009 NHL 0-Pec-Chee Hockey, and 2008-

2009 NHL 0-Pee-Chee Hockey Update product, or any othcr trading card products using

substantially similar designs (col.lectively,the "UppcrDeck Cards," samples of which appear

below):

The Touas Cards:

Topps 197 1 Baseball

Topps 1975 Baseball

Topps 1977 Baseball

Topps 1979-1980 Hockey (fi-ont& back)

Case 1:09-cv-03780-RMB

The Up~erDeck Cards:

Upper Deck's 2009

0-Pee-CheeBaseball

Upper Deck's 2008-2009

- NHL 0-Pee-Chee (front & back)

Document 24

2009 Upper Deck

Series I Baseball

Filed 06/18/2009

2009 Upper Deck

Series 2 Baseball

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Upper Deck's 2008-2009

NHL 0-Pcc-Chcc Update (fiont & back)

Case 1:09-cv-03780-RMB

Document 24

Filed 06/18/2009

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